The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-12-07
FOR PROHIBITION
The Kansas Statutes Sustained by the
United States Supreme Court.
a Constitutional Right to Suppress
Nuisances Without Compensation.

morning prints 10 full the opinion of the United
States Supreme Court. delivered yesterday in
abe Kansas prohibition cases. The opinion
seads as follows:
These cases involve an inquiry as to the
validity of certain statutes of Kansas resting to
the manufacture and sale of Intoxicating liquors
The first two are indictments charging Mugler,
the plaintiff ia error, in one case with having
sold and in the other with having manufactured
spurious, yinous. malt, fermented, and other IN
toxicating liquors in Saline county, Kansas;
without having the license or permit required
by the statute. Tho defendant. having been
found guilty. was fined ir each case 800 and or
dsred TO be committed to the county jail until
the fine was paid. Each judgment was affirmed
by the Supreme Court of Kansas. and thereby
IL is coutepded the defendant denied rights,
privileges and immnnitles guaranteed oy the
Constitution OF the United States
1.-THE third case-State OF ksnsa5 ex REL, ETC.,
Va. Ziebold, etc.-was commenced by petition
fled in one of the courts of the State. The re-
lief sought is:
Il That the group of buildings constituting
khe brewery OF tina defendants, partners as lie
bold & Hagelin, in Atchison county, Kansas. be
sdjudRed q common nuisance. and the sheriff,
Dr. other proper officer. be directed 70 abate the
same.
q That the defendants be enjoined from
using, or permitting to be used, the said prem
Uses as a place where intoxicating liquors may
5e sold, 0srtered. or given away. or kept for
barter, sale, or gift, otherwise than by author
~ oe law.
ions of the petition and averring:
"l That said buildings were erected by them
ArIor to the adoption by the people of Kansas
Of the constitutional amendment prohibiting
the manufacture and sale of Intoxicating liquors
ror other than medicinal, scientific and naechan-
fcai purposes, and before the passage Of the
prohibitory liqnor statute of that State.
~ That they were erected for the purpose OF
manufacturing beer and cannot be put to any
other use and il not so used they will be of lit
tie value for any PURPOSE
t2 That tha under which said srit ia
brought is void under the fourteenth amend
ment of the Constitution of the United States.
Upon the petition and bond OF the defend
1uts the cause was removed into the Circuit
Court of the United States for the district of
Kansas. motion to remand it to the State
court was denied The pleadings were recsst
as to conform to the equity practice in the
courts OF the United States; and, the cause hav-
ing been heard upon bill and answer. the
snit dismissed. From that decree the
State prosceuteS an appeal.
by statute of Kansas, approved March 3,
1868, it was made q misdemeanor. punishable by
6ns and Imprisonment for any one, directly or
Indirectly, to sell sprltuous, vinous, fermented,
DR. other intoxicating liquors without having
dram-shop, tavern. or grocery license. 1t also
declared among other things that every place
where Intoxicating liquors were sold in viola
lion of the statue should be taken held and
deelneo to be common nuisance, and il was
CURED that all rooms taverns. eating-houses,
1azsrs, restaurants, groceries. coffse-houses,
sellars, c. other places of public resort where
Intoxicating liquors sold in violation OF law
should bs abated public nuisances. (Gen.
Stat, Kansas, 1868 ch. 50 But in 1880 the
people of Kansas adopted more stringent pol
icy. On the2d of November OF that year they
Ratified amendments to the State Consttu-
tion, which declared that the manufacture and
sale of Intoxicating liquors should be forever
prohibited in that State, except for medical.
scientific and mechanical purposes. Ia order to
give effect to that amendment the Legislature
repealed the act of 1865 and passed act, ap-
proved Feb. l9. 1881. to take effect May l. 1881.
sntirled AN act to prohibit the manufacture aud
sale of Intoxicating liquors, except for medical
scientific. and mechanical purposes, and to reg
Mate the NJ manufacture and sale thereof for such
excepted Durposes'
Its finst section provides:
THAT sny person persons who shall manufact-
sell o. barter spirituous, malt, vinous fer
ented other Intoxicating liquors shall be guilty of
nj sdernsSnor; provided however that such liquors
purposes, provided in this act.
f'The second section makes it unlawful for any
person to sell or barter for either Of such
septad purposes any malt vinous. spirItuous,
fermented other Intoxicating liquors without
having procured a druggists permit therefor.
and prescribes the conditions upon which such
permit may be granted.
'.rhe third section relates to the giving by
physicians of prescriptions for Intoxicating liq-
uors to be used by their patients. and the fourth
20 the ssle of such liquors by druggists. The
fifth section forbids any person from manufact-
uring, or assisting in the manufacture OF, intox-
icatiug liquors in the State, except for medici-
nal, scientific and mechanical purposes, and
makes provision for the granting of licenses to
engage in the business OF manufacturing liquors
!or such excepted purposes. The seventh
lion declares ii to be misdemeanor for any
person not having the required permit to sell or
barter, directly indirectly, spirituous, malt,
vinous, feTmented or other Intoxicating liquors:
the punishment prescribed being. for the first
ofepsa, fine of not less than 500 more
thar $500. or i'm prison nent in the county Jail
less than twenty nor more than ninety days; for
the second ofense, a fine of not less than 5000
nor more than $780, imprisonment in the
county Jail not less than sixty DAYS nor more
than six months, and for every subsequent Of
Tense fine not less than $500 nor more than
81. 900. or Imprisonment in the county Jail not
less than three months nor more than one year,
Or both such fine and Imprisonment. in the dis
cretion of the court
THE eighth section provides for similar fines
and punshments against persons who manufact-
ure, or aid. assist or abet in the manufacture
Of any intoxicating liquors without having the
required permit. The thirteenth section de-
rlares, among other things, all places where
intoxicating liquors are manufactured, sold bar
tered or given away, are kept for sale, barter
Or use, in violation of the act. to be common
huisances: and provides that upon the iudg-
nent of any court, having jurisdiction, finding
such places to be q nuisance the proper officer
hall be directed to shut up and abate the same.
Under that statute the prosecutions against
Mugler were Instituted. It contains other
sions in addition to those above referred Co; but
IS they EN- oody merely the details of the general
scheme adopted by the State for the prohibition
Of the manufacture of intoxicating liquors. ex-
sept for che purposes specified, it is unnecessary
20 set them out On the 7th of March. 1885, the
legislature passed act amendatory and sup
elementary to that of 1881. The thirteenth
section of tina former act, being the upon
which the Injunction suit against Zsbold d
Haeeiu 10 founded. will be given in full in a
yubsNquent part of this opinion
1.-THE facts necessary to q clear understanding
ef the questions common 90 these are the
following: Mugler and Ziebold & Hagelin were
Engaged in manufacturing beer at their respect
i've establishments CONSTRUCTED specially for
that purpose) for several years prior to the pass
see OF the act of 1881. They continued in such
business in defiance of the statute and without
having the required permit. Nor did Mugler
have license permit to sell beer. The single
sale OF which he WAS found guilty occurred in
the State. aud after May l. l85l-that is, after
the act of Feb 49, 1881, took etfecJ-and of
beer manufactured before it's passage. The
buildings and machinery constituting the g
spective breweries of the defendants of little
value if not used for the purpose of manufactur-
ing beer; that is to say, if the statutes are en-
forced against them the value OF their property
Will be very materially diminished The gen